Divorce in Texas: Where to Start
You just got served divorce papers, what happens next? Navigating divorce in Texas: where to start can be overwhelming, but knowing the first steps can help ease the process.
Divorce in Texas: Where to start. Well divorce is really two lawsuits mixed in one. First, is the divorce lawsuit itself when the marriage ends, the marital estate, and divides the assets and debts. Second is the SAPCR or ‘suit affecting parent child relationship’ which deals with the conservatorship and other issues relating to the children, highlighting where to start in your divorce process.
Divorces happen essentially in three stages;
- The early temporary orders stage
- The discovery stage
- The resolution stage
Divorce in Texas: Start with the early temporary orders
Stage 1: The First Weeks of Divorce
The first weeks of a divorce often bring chaos. Parents fight over living arrangements, schedules for the children, child support, and how to cover bills while the case is pending. In some cases, this stage goes smoothly if both spouses agree to cohabitate or decide who will leave the home. More often, it gets ugly. Without court orders, parents may pull children out of school, block the other parent from seeing them, or lock each other out of the house. Spouses may hide money, stash assets, and attack each other in court while trying to figure out where to start in their Texas divorce journey.
During this time, keep a cool head and stay focused on your goals. Judges can use everything you do as evidence for or against you when making temporary orders. Your behavior now carries lasting consequences. If children are involved, the way you treat your co-parent can set the tone for your future relationship and custody arrangements, ensuring a smoother start to the divorce process in Texas.
If you’re entering this stage, stay organized. Give your attorney a clear timeline of events, relevant exhibits, financial records, and a list of potential witnesses. Temporary orders hearings come quickly, leaving little time to prepare. The outcome often depends on how much effort you put into helping your attorney. The more prepared you are, the better your chances of a favorable result at the start of your journey through divorce in Texas.
Judge in Texas starting temporary orders.
Divorce in Texas: Discovery stage
Stage 2: Discovery – Gathering Information
After the court issues temporary orders, the case moves into the discovery stage. In this phase, both sides gather the information needed to build their case. Discovery can move quickly and smoothly, or it can drag on and become difficult—it depends on the claims involved. Knowing where to begin in discovery is key for your Texas divorce start.
Custody Cases
During this stage, custody evaluations take place, and the amicus attorney begins collecting information. Children may attend sessions with counselors or therapists. If you are in a custody battle, actively work with your custody evaluator and/or amicus attorney. Provide them with all relevant information before they prepare reports or make recommendations to the court. This can significantly impact the start of your case in divorce.
Divorce and Property Cases
This stage involves taking depositions, exchanging sworn inventories, and investigating potential reimbursement claims. You play a key role in this process by complying with discovery requests and helping your attorney gather the necessary information. Your cooperation ensures the court can divide your marital estate fairly and allows your attorney to present your claims thoroughly. Your active participation aids where you start in managing divorce proceedings.
How Long Does Discovery Last?
The length of discovery varies greatly. If custody is not in dispute and property issues are simple, the process may end quickly. But if custody requires evaluations, therapist input, or if significant reimbursement claims exist, discovery can take much longer. Knowing divorce in Texas starts here can prepare you for possible extensions.
The resolution stage of Divorce
Stage 3. Your case can come to a resolution one of three ways. You can just come to a settlement with the other side informally. You can attend a formal mediation. Or you can go to trial to a judge or a jury depending on the issues. The outcome of any of these routes depends greatly on the preparation and work done during the discovery stage in your divorce in Texas path.
The overall message is that in order to have good results in a divorce case you need to keep a cool head and be goal oriented, do the work to stay organized and help your attorney prepare, and follow the court orders.
Contact a Helotes TX divorce lawyer at Fiegle Law to represent you today.
